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FULL DECISION/ The Constitutional Court sets limits for SPAK: The indiscriminate use of personal data from seized mobile phones is prohibited!

2026-01-15 10:35:29Aktualitet SHKRUAR NGA REDAKSIA VOX
FULL DECISION/ The Constitutional Court sets limits for SPAK: The indiscriminate
SPAK/ Constitutional Court

The Constitutional Court has issued a weighty decision on the relationship between criminal investigation and the protection of fundamental rights, setting clear limits on the seizure and processing of data extracted from mobile phones in criminal proceedings conducted by the Special Prosecution Office against Corruption and Organized Crime.

In decision no. 44, dated July 29, 2025, the Constitutional Court of the Republic of Albania partially accepted the constitutional complaint of Onejda Ymeraj and found a violation of the confidentiality of correspondence and the right to protection of personal data, insofar as the data seized from her mobile phone is not related to the object of the criminal investigation.

The essence of the conflict

The case relates to the seizure of a mobile phone by judicial police officers, on their own initiative, within the framework of a criminal investigation for corruption and money laundering.

SPAK claimed that the action was necessary and urgent, to avoid the risk of loss or deletion of electronic data, considering the phone as an evidence tool.

On the other hand, the applicant argued that she was not a person under investigation, that the seizure was carried out without a court order, and that the technical-electronic examination of the phone resulted in massive and unlimited access to personal data and private communications, including sensitive information that had no connection to the investigation.

What did the Constitutional Court decide?

The Constitutional Court has clarified that, in today's technological reality, the mobile phone is not simply a physical object, but an "archive" of an individual's personal and professional life, containing correspondence, personal data and third-party information.

Consequently, its seizure also constitutes a serious interference with privacy.

In this context, the Court has maintained a balanced stance, because it has recognized the legitimacy of the public interest in investigating serious criminal offenses, but has emphasized that the intervention must be lawful, necessary and proportionate.

The court found constitutional violations for the part of the data and correspondence that are not related to the subject of the criminal investigation and ordered the destruction of their copies.

Meanwhile, it has allowed the continuation of the seizure of only those data directly related to the investigation, subjecting them to judicial control and procedural guarantees.

Message about criminal investigations

This decision of the Constitutional Court sets a new standard for investigative practice: the seizure of mobile phones and their examination cannot be transformed into a "broad fishing" of an individual's private life.

Criminal prosecution bodies must clearly distinguish between necessary evidence and excessive interference with fundamental rights.

The decision is final, enters into force upon publication in the Official Gazette and instructs SPAK to implement the ordered measures within three months, respecting the constitutional guarantees established by the Court.


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